Re: My Roommate (Not on the Lease) Refuses to Move Out What Are Her Rights, and Mine
Sorry but the answer is yes. She is your tenant and you did not give proper notice to terminate your lease (rental agreement) with her.
Is she my tenant? I am hoping that the answer to this is "no", so I can have her removed as a trespasser if she hasn't moved out by the 31st.
you have to give 30 days notice so if you gave notice 12/4, you cannot require her to be out before 1/4/09.
So, if she does not move willingly; you have to go to court and evict her. In the meantime, you will be accruing rent and fees as written in your lease with your landlord that you will be liable to them for. You can sue your tenant for the costs but if she is not working....well, you know the old saying about getting blood from a turnip, don;t you?
Now, if her rent is 7 days late, you can give her a 72 hour notice to pay or vacate. The problem is, if she does pay, you are stuck with then giving her notice to move from that time, or later.
In any case, if she does not move willingly, you will have to engage the courts assistance in having her removed.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.